Audley Sheppard & Joachim Delaney welcome Indian moves to be recognised as an international arbitration hub
The Madras High Court has ruled that there is no bar on foreign lawyers visiting India on a fly-in-fly-out basis to provide legal advice to their clients in India on foreign law. In addition, foreign lawyers representing parties in international commercial arbitrations are permitted to participate in such proceedings in India.
The ruling was given in a public interest case, AK Balaji v The Government of India, Ashurst LLP et al (21 February 2012). The case was brought by a lawyer on behalf of the Association of Indian Lawyers (a Tamil Nadu based pressure group) in Tamil Nadu against 31 foreign law firms and one legal process outsourcing company (LPO).
The claimant argued that the foreign law firms and LPO were practising law in India in contravention of Indian laws, particularly the Advocates Act 1961. Some foreign law firms had opened offices in India, while other firms, it was argued, conducted their legal practice in India through their involvement in international commercial
